DARLINGTON - A rural South Wayne woman charged with first-degree intentional homicide for chopping at her boyfriend's arm with an ax was released on a $100,000 signature bond Wednesday in Lafayette County Circuit Court.
Brandy Smithey, 32, had a long list of conditions attached to her bond including that she have no contact with the victim, Theodore Bauer III, and have no contact with his residence on Fritzges Road. She is also forbidden from drinking, entering bars or liquor stores, and doing drugs or possessing drug paraphernalia. She is ordered to report to the Green or Lafayette County Sheriff's department every Friday at or before 9 a.m. for urinalysis and report daily to either sheriff's department to take a preliminary breath test. She must contact the Lafayette County Clerk's office within 48 hours of any change in her address or phone number and is forbidden from committing any new crimes.
Smithey was previously held in the Lafayette County jail since Feb. 9 on a $100,000 cash bond for allegedly attempting to kill Bauer, 37, rural South Wayne, with an ax and injuring him with an aluminum baseball bat. Her bond was modified Wednesday.
Smithey is charged with a Class B felony count of first-degree intentional homicide, Class H felony counts of aggravated battery and two counts of bail jumping, stemming from the Feb. 4 incident.
Court records indicate Lafayette County deputies did not become aware of the alleged assault until Feb. 9 when a nurse caring for Bauer at Dubuque's Mercy Medical Center called the department. Bauer alleged Smithey commanded her dog to attack him and then hacked at his arm with an ax. Bauer also reported Smithey took a swipe at his face with a baseball bat. Smithey denies ever picking up the ax, which was kept by the bed for home protection, but she did allege she could have thrown the baseball bat and it could have bounced up and hit Bauer.
Bauer suffered extensive deep wounds on his right arm, as well as multiple punctures and scratches on both of his arms and on his right shoulder. He spent more than a week in the hospital, and is still under medical care.
Smithey had multiple bruises on her face, arms and leg. She alleged they were both drinking the day of the incident and had smoked pot earlier in the day. Bauer denied drinking or smoking that day.
Smithey has a hearing set for March 25.
If convicted for the maximum penalty on all charges, she could face up to 78 years imprisonment or $30,000 in fines or both.
Brandy Smithey, 32, had a long list of conditions attached to her bond including that she have no contact with the victim, Theodore Bauer III, and have no contact with his residence on Fritzges Road. She is also forbidden from drinking, entering bars or liquor stores, and doing drugs or possessing drug paraphernalia. She is ordered to report to the Green or Lafayette County Sheriff's department every Friday at or before 9 a.m. for urinalysis and report daily to either sheriff's department to take a preliminary breath test. She must contact the Lafayette County Clerk's office within 48 hours of any change in her address or phone number and is forbidden from committing any new crimes.
Smithey was previously held in the Lafayette County jail since Feb. 9 on a $100,000 cash bond for allegedly attempting to kill Bauer, 37, rural South Wayne, with an ax and injuring him with an aluminum baseball bat. Her bond was modified Wednesday.
Smithey is charged with a Class B felony count of first-degree intentional homicide, Class H felony counts of aggravated battery and two counts of bail jumping, stemming from the Feb. 4 incident.
Court records indicate Lafayette County deputies did not become aware of the alleged assault until Feb. 9 when a nurse caring for Bauer at Dubuque's Mercy Medical Center called the department. Bauer alleged Smithey commanded her dog to attack him and then hacked at his arm with an ax. Bauer also reported Smithey took a swipe at his face with a baseball bat. Smithey denies ever picking up the ax, which was kept by the bed for home protection, but she did allege she could have thrown the baseball bat and it could have bounced up and hit Bauer.
Bauer suffered extensive deep wounds on his right arm, as well as multiple punctures and scratches on both of his arms and on his right shoulder. He spent more than a week in the hospital, and is still under medical care.
Smithey had multiple bruises on her face, arms and leg. She alleged they were both drinking the day of the incident and had smoked pot earlier in the day. Bauer denied drinking or smoking that day.
Smithey has a hearing set for March 25.
If convicted for the maximum penalty on all charges, she could face up to 78 years imprisonment or $30,000 in fines or both.